Constitutional Law
This amendment guarantees the right to bear arms.
What is the Second Amendment.
This tort occurs when a defendant intentionally causes harmful or offensive contact with the plaintiff without consent.
What is Battery
This doctrine allows for the enforcement of contracts that lack formal consideration but are binding due to reliance by the promisee.
What is Promissory Estoppel
In this 1966 case, the U.S. Supreme Court ruled that police must inform suspects of their rights before interrogation.
What is Miranda v. Arizona
This rule prohibits a lawyer from representing clients whose interests are directly adverse to another client without informed consent.
What is Conflict of Interest
This clause, found in the First Amendment, prohibits the government from creating a national religion.
What is the Establishment Clause
In Palsgraf v. Long Island Railroad (1928), Judge Cardozo established this concept, limiting the scope of liability in tort cases to those within the "zone of danger."
What is Foreseeability
This common law rule governs when contracts can be discharged or modified due to a substantial change in circumstances that makes performance impossible.
What is the Doctrine of Impossibility or Frustration of Purpose
This legal concept allows a defendant to be tried again for the same crime after the first trial resulted in a mistrial, even though it may seem like double jeopardy.
What is a Mistrial
This rule requires attorneys to act with competence, diligence, and communication when representing clients.
What is Rule 1.1 of the Model Rules of Professional Conduct
This legal principle allows Congress to regulate any activity that has a substantial effect on interstate commerce, even if the activity itself is not interstate in nature.
What is the Commerce Clause
This legal principle allows a defendant to avoid liability by proving they acted with reasonable care, even in situations where harm occurred.
What is the Defense of Contributory Negligence or Comparative Fault
This contract term requires one party to refrain from doing something that could harm the other party’s rights or interests.
What is a Covenant Not to Compete
This doctrine, established in Terry v. Ohio (1968), permits a limited search of a person if a police officer has reasonable suspicion of criminal activity.
What is a Terry Stop or Stop and Frisk
This duty requires lawyers to maintain confidentiality regarding information related to the representation of a client.
What is the Duty of Confidentiality
This 1803 case established the principle of judicial review.
What is Marbury v. Madison.
This legal doctrine holds that someone may be liable for harm that is the foreseeable consequence of their actions, even if they did not intend the specific harm.
What is Proximate Cause
Under this principle, if a party to a contract breaches it, they may be required to pay the other party an amount equal to the benefit received, even if the contract wasn't performed.
What is Restitution
This 1972 decision ruled that the death penalty, as it was administered at the time, violated the Eighth Amendment’s prohibition on cruel and unusual punishment.
What is Furman v. Georgia
This term describes the obligation of an attorney to act in the best interests of their client, even when their personal interests are at stake.
What is Fiduciary Duty
This branch of government has the power to declare laws unconstitutional.
What is the Judicial Branch.
This type of tort occurs when a person makes false statements about another, damaging their reputation.
What is defamation.
This 1957 case held that a unilateral contract can be accepted by performing the requested act, rather than a promise to act.
What is Carlill v. Carbolic Smoke Ball Co.
This rule requires the exclusion of evidence obtained through illegal searches or seizures.
What is the Exclusionary Rule
This 1977 decision involved the disbarment of a lawyer for committing misconduct by misappropriating client funds, establishing a key principle in attorney discipline.
What is In re Gault